{"id":35304,"date":"2018-10-31T07:11:56","date_gmt":"2018-10-31T12:11:56","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=35304"},"modified":"2018-10-31T08:57:35","modified_gmt":"2018-10-31T13:57:35","slug":"oh5-to-prove-gfe-doesnt-apply-the-defense-has-to-show-bad-faith-nevermind-that-the-burden-is-on-the-govt-in-gfe","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=35304","title":{"rendered":"OH5: To prove GFE doesn&#8217;t apply, the defense has to show bad faith [never mind that the burden is on the govt in GFE]"},"content":{"rendered":"<p>Officers could conduct a protective sweep when executing a search warrant. \u201cIn the case at hand, there was no testimony regarding bad faith on part of the officers who searched the residence where Appellant was hiding.\u201d <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/3\/2018\/2018-Ohio-4368.pdf\">State v. Davis<\/a>, 2018-Ohio-4368, 2018 Ohio App. LEXIS 4698 (3d Dist. Oct. 29, 2018). [Since when is lack of proof of bad faith good faith?] <\/p>\n<p>A jewelry store was robbed, and police came to the scene. Nearby, they encountered defendant walking along a road. \u201cGiven Thomas&#8217;s emergence from the bushes on Fire Burn Hill&#8211;the precise location and direction suspects were reported to be fleeing at the time&#8211;and his physical appearance&#8211;consistent with fleeing for a period of time&#8211;it was reasonable for Greaves to conclude that Thomas was one of the robbery suspects in flight from VIPD.\u201d United States v. Thomas, 2018 U.S. Dist. LEXIS 182521 (D. V.I. Oct. 24, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers could conduct a protective sweep when executing a search warrant. \u201cIn the case at hand, there was no testimony regarding bad faith on part of the officers who searched the residence where Appellant was hiding.\u201d State v. Davis, 2018-Ohio-4368, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=35304\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[66,11,20],"tags":[],"class_list":["post-35304","post","type-post","status-publish","format-standard","hentry","category-burden-of-proof","category-good-faith-exception","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35304","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=35304"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35304\/revisions"}],"predecessor-version":[{"id":35311,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35304\/revisions\/35311"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=35304"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=35304"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=35304"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}